MINNEAPOLIS CRIMINAL & VETERANS DEFENSE

Is It Rape to Have Sex with Someone Who is Drunk?

Minnesota law defines date rape as forcible sexual contact during a voluntary social engagement (i.e. a date) in which an individual does not intend to engage in sexual activities and resists any attempt of contact. It is critical to understand that a victim does not necessarily have to reject or physically object to the sexual advance in order to demonstrate “lack of consent.” According to state law, consent is defined as “words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor.”

In Minnesota, if a person was given alcohol or drugs without their consent, they are considered “mentally incapacitated,” meaning that the individual cannot legally consent to sexual activity. On the other hand, if a person consumes alcohol or drugs willingly, they would be considered “physically helpless” if they fall asleep. In both conditions, it is unlawful to have sex or engage sexual activity with a person who is heavily intoxicated.

The state defines one as being physically helpless when he or she is:

  1. Unconscious or asleep
  2. Unable to communicate his or her dissent
  3. Unable to refuse consent due to conditional restraints

Due to the severity of the laws and the seriousness of a sexual accusation, anybody who potentially faces criminal sexual conduct charges should consult with a criminal defense lawyer. An experienced lawyer can protect the rights of the accused party. Remember, even mere accusations can disrupt your profession and personal life, as well as your community standing.

If you are accused of criminal sexual conduct in Minnesota, contact our Minneapolis criminal defense attorney at Brockton D. Hunter P.A. today.

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